City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 70, Art. IV, Div. 2, of the Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fireworks — See Ch. 196.
Minors — See Ch. 241.
Offenses — See Ch. 260.
Peace and good order — See Ch. 270.
It shall be unlawful for any person to furnish, sell or offer for sale to any person under 16 years of age any firearm, air gun or slingshot within the City.
It shall be unlawful for any person under 16 years of age to have in his possession any firearm, air gun or slingshot within the City; except that when such person is under the immediate supervision of an adult instructor or teacher, such possession shall not be considered a violation of this section.
A. 
Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:
(1) 
A peace officer;
(2) 
School security personnel;
(3) 
A student, instructor or other school-authorized personnel engaged in Army, Navy, Marine Corps or Air Force Reserve officer training corps programs or state-authorized hunter safety training instruction;
(4) 
A person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or
(5) 
A person older than 19 years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.
B. 
As used in this section, the term "school premises" means:
(1) 
The buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or
(2) 
Any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and -sanctioned activities are being performed.
C. 
Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a misdemeanor.
A. 
Possession of a handgun; exceptions; penalty.
(1) 
Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in his possession or knowingly transporting a handgun, except when the person is:
(a) 
In attendance at a hunter's safety course or a handgun safety course;
(b) 
Engaging in the use of a handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or in an area where the discharge of a handgun without legal justification is not prohibited by law;
(c) 
Engaging in an organized competition involving the use of a handgun;
(d) 
Participating in or practicing for a performance by an organization that has been granted exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1954, as amended or renumbered;
(e) 
Engaging in legal hunting or trapping activities;
(f) 
Traveling, with an unloaded handgun in his possession, to or from an activity described in Subsection A(1)(a), (b), (c), (d) or (e) of this section; or
(g) 
On real property under the control of the person's parent, grandparent or legal guardian and the person is being supervised by his parent, grandparent or legal guardian.
(2) 
A person who commits unlawful possession of a handgun by a person is guilty of a misdemeanor.
(3) 
As used in this section:
(a) 
The word "person" means an individual who is less than 19 years old; and
(b) 
The word "handgun" means a loaded or unloaded pistol, revolver or firearm which will or is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed 12 inches.
B. 
Seizure and forfeiture of a handgun possessed or transported by a person in violation of unlawful possession of a handgun; exception.
(1) 
A handgun is subject to seizure and forfeiture by a law enforcement agency when the handgun is possessed or transported by a person in violation of the offense of unlawful possession of a handgun by a person.
(2) 
A handgun seized pursuant to a violation of unlawful possession of a handgun by a person shall not be subject to replevin, but is deemed to be in the custody of the law enforcement agency, subject only to orders and decrees of the District Court.
(3) 
When a handgun is seized pursuant to the provisions of this subsection, the handgun may be disposed of pursuant to the provisions of NMSA 1978 § 29-1-14.
(4) 
A handgun shall not be forfeited when the owner of the handgun establishes that the offense of unlawful possession of a handgun by a person was committed without the knowledge and consent of that owner. A forfeiture of a handgun encumbered by a bona fide security interest shall be subject to the interest of a secured party if the secured party did not have knowledge of or did not consent to the offense of unlawful possession of a handgun by a person.
It shall be unlawful for any person in the City to discharge, set off or fire any firearm or cannon; provided, however, that a permit may be issued by the City Council to any civic body, club or organization sponsoring a supervised public celebration to discharge, set off or fire, at a designated time and place, under the immediate supervision of a competent expert, such firearms or cannons as may be deemed proper by the City Council.
A. 
Negligent use of a deadly weapon consists of:
(1) 
Discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
(2) 
Carrying a firearm while under the influence of an intoxicant or narcotic;
(3) 
Endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(4) 
Discharging a firearm within 150 yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.
B. 
The provisions of Subsection A(1), (3) and (4) of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.
C. 
Whoever commits negligent use of a deadly weapon is guilty of a misdemeanor.